Failure-To-Warn Claims Against Generic Acne Drug Maker Preempted, Ohio Appellate Court Rules

CINCINNATI — An Ohio appeals court has upheld an award of summary judgment to the maker of generic Minocin, ruling that the plaintiffs’ failure-to-warn claims are preempted because the generic label’s warnings matched those of the name brand label at the time the drug was ingested.

In a March 29 opinion, the Ohio Court of Appeals, 1st District, rejected plaintiffs’ argument that the generic drug maker had an additional duty to warn consumers that they are barred from prosecuting a state law failure-to-warn claim when the generic labeling matches that of the brand-name manufacturer. No such duty exists under Ohio …